House Bill H0015

2015 Freedom Index Score: (-1)

Analyst: Parrish Miller
Date of analysis: January 21, 2015

ANALYST'S NOTE: House Bill 015 deals with the process for placing a "stop" on a title record. According
to the bill's statement of purpose, "more than 75% of the title 'stop' requests received come from the
State Tax Commission and other governmental agencies..." and the "remaining 25% are primarily civil
disputes and divorces."

Point No. 8 Does it in any way restrict public access to information related to government activity or
otherwise compromise government transparency or accountability? Conversely, does it increase public
access to information related to government activity or increase government transparency or
accountability?
ANALYSIS: House Bill 015 creates a new section of Idaho code (49-523A) which deals with title
stops when ownership of a vehicle is disputed. Subsection 6 requires that "once the title stop is
placed by the department, the requesting party shall provide evidence of a judicial filing relating
to the subject vehicle within thirty (30) days of the title stop becoming effective. Failure to
provide such evidence shall result in the department's cancellation of the title stop." This is an
important requirement which serves to provide some measure of protection for the affected
property owner.
Subsection 8, however, states that "title stops requested by a governmental agency shall be
exempt from the provisions of subsection (6) of this section. Such title stop shall be valid for two
(2) years, unless renewed by the governmental agency requesting the stop. Governmental
agencies shall be exempt from the fee required in section 49-202(2)(i), Idaho Code."
This special exemption for government reduces accountability and transparency by not
requiring government to prove that its demands are made pursuant to a judicial filing. (-1)